2053. Alleged  misbranding of Seconal  sodium  capsules  and benzedrine  sulfate
tablets.     V.   S.   v.   Alfred   R.   Collins   (Collins   Bros.,  Walgreen   Agency 
Drug).    Plea of not guilty.    Tried to the court.    Verdict of not guilty.
(F. D. C. No. 17860.    Sample Nos. 26067-H to 26069-H, incl.)
INFORMATION FILED: August 12. 1946, Northern District of Texas, against 
Alfred R. Collins, trading as Collins Bros., Walgreen Agency Drug. Big Springs, 
Tex.
INTERSTATE SHIPMENT: Between the approximate dates of February 1944, and 
October 10, 1944, from Indianapolis, Ind.. and Philadelphia, Pa., of a quantity 
of Seconal sodium capsules and benzedrine sulfate tablets.
LABEL, WHEN SHIPPED: "500 Pulvules Seconal Sodium 1% grs. * * * 
Caution: To be used only by or on the prescription of a physician * * * 
Eli Lilly and Company Indianapolis," or "250 Tablets 10 mg. Benzedrine 
Sulfate Tablets * * * Caution : To be used only by or on the prescription 
of a physician * * * Smith, Kline & French Laboratories Philadelphia, 
Pa."
NATURE OF CHARGE : That on or about March 16, 20, and 21, 1945, the defendant 
caused to be removed a number of tablets from bottles bearing the labels de- 
scribed above, repacked the tablets into unlabeled envelopes, and sold those 
tablets without a prescription. 
i
The information charged further that the act of the defendant resulted in th! 
misbranding of the articles in the following respects:   Section 502 (f)   (1),
the envelopes containing the articles bore no labeling containing directions 
1 for use; and, Section 502 (f) (2), they bore no labeling containing warnings 
against use in those pathological conditions and by children where their use 
may be dangerous to health, and against unsafe dosage and methods and dura- 
tion of administration.
It was charged also that the defendant's acts resulted in the misbranding of 
the Seconal sodium capsules under Section 502 (d), in that the capsules con- 
tained in the envelopes contained a chemical derivative of barbituric acid, 
Seconal, which derivative had been found, and by regulations designated as, 
habit forming; and the label of the article in the envelopes failed to bear the 
name and quantity or proportion of such derivative and in juxtaposition there- 
with the statement "Warning-May be habit forming." 
DISPOSITION: On October 9, 1946, the defendant having entered a plea of not 
guilty, the case came on for trial before the court. At the conclusion of the 
trial, the court handed down a verdict of not guilty.